The Northern Territory has the strictest drug offences in Australia. The law is contained primarily in the Misuse of Drugs Act (NT) and a range of Commonwealth Legislation which includes the Customs Act, Narcotic Drugs Act and the Psychotropic Substances Act.
There are a number of important provisions which need to be carefully considered when a defendant is charge with a drug related offence. Of particular significance is Section 37(2) and Section 37(6) of the Misuse of Drugs Act.
Section 37(2) provides that a person is to receive 28 days imprisonment for their second or subsequent drug offence unless there are particular circumstances of the offence and/or the offender. There is a substantial amount of case law which justifies the court finding particular circumstances of the offence in the offender which avoids the person being required to serve 28 days imprisonment. Specialist advice needs to be given by one of our criminal lawyers if you have a prior conviction for drug offending even in the Northern Territory or nterstate and have been charged with a further offence.
Below are all the Drug Offences with an article in this site: